McCullough et al v. USAA Casualty Insurance Company, Inc. of Texas
Plaintiff: Michael McCullough and Jean McCullough
Defendant: USAA Casualty Insurance Company, Inc. of Texas
Case Number: 1:2024cv00065
Filed: February 29, 2024
Court: U.S. District Court for the Western District of North Carolina
Presiding Judge: W Carleton Metcalf
Referring Judge: Martin Reidinger
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1441 Notice of Removal-Insurance Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 24, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 24, 2024 Filing 8 NOTICE of Citizenship Disclosure by Jean McCullough, Michael McCullough (Erickson, Paul)
April 12, 2024 Filing 7 Pretrial Order and Case Management Plan: Estimated Trial Time: 3 to 4 days. Mediator Designation deadline set for 5/3/2024. Discovery due by 11/12/2024. Mediation deadline set for 11/25/2024. Motions due by 12/12/2024. Jury Trial set for 5/12/2025 at 9:31 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Chief Judge Martin Reidinger. Signed by US Magistrate Judge W. Carleton Metcalf on 4/12/2024. (ejb)
April 12, 2024 Minute Entry: PRETRIAL CONFERENCE held before U.S. Magistrate Judge W. Carleton Metcalf. Plaintiffs' attorney: Paul L. Erickson. Defendant's attorney: John I. Malone, Jr. An initial pretrial conference was held by telephone April 12, 2024 with Paul L. Erickson participating on behalf of Plaintiffs Michael McCullough and Jean McCullough and John I. Malone, Jr. participating on behalf of Defendant USAA Casualty Insurance Company, Inc. of Texas. Plaintiffs' counsel was directed to file citizenship disclosures for Plaintiffs by April 19, 2024. A pretrial order will issue. (TNC)
April 12, 2024 AMENDED NOTICE of Hearing: Initial Pretrial Conference (by video) RESET for 2:00 PM on 4/12/2024 in Chambers before US Magistrate Judge W. Carleton Metcalf. This is your only notice - you will not receive a separate document. For matters conducted on the record: LCvR 7.1(i) requires that when a party knows in advance that a transcript will be required of a hearing before a Magistrate Judge or other judicial officer (before whom proceedings are digitally recorded), the party must, before the hearing, notify the Official Court Reporter serving such judicial officer of the need. Counsel are directed to satisfy this requirement by communicating directly with the Judges Courtroom Deputy in advance of the hearing.(kby)
March 28, 2024 NOTICE of Hearing: Initial Pretrial Conference (by video) set for 4/12/2024 09:00 AM in Chambers before US Magistrate Judge W. Carleton Metcalf. Hearing link provided by separate correspondence. This is your only notice - you will not receive a separate document. (slm)
March 27, 2024 Filing 6 Joint CERTIFICATION of initial attorney conference and discovery plan (Malone, John)
March 4, 2024 NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The #Certificate of Initial Attorneys Conference, and if applicable, the #Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge, should be filed within 7 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 3/25/2024. (hms)
March 1, 2024 Filing 5 ANSWER to Complaint contained in #1 Notice of Removal, Document 1-1 by USAA Casualty Insurance Company, Inc. of Texas.(Malone, John)
March 1, 2024 Filing 4 Disclosure Statement of Citizenship of Party or Intervenor by USAA Casualty Insurance Company, Inc. of Texas. (Malone, John)
March 1, 2024 Case assigned to Chief Judge Martin Reidinger and US Magistrate Judge W. Carleton Metcalf. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document. (cly)
February 29, 2024 Filing 3 Corporate Disclosure Statement by USAA Casualty Insurance Company, Inc. of Texas. (Originally filed as an attachment to document no. 1). (cly)
February 29, 2024 Filing 2 NOTICE of Appearance by John I. Malone, Jr on behalf of USAA Casualty Insurance Company, Inc. of Texas (Malone, John)
February 29, 2024 Filing 1 NOTICE OF REMOVAL with Jury Demand from Swain County General Court of Justice Superior Court Division, case number 23cvs273. (Filing fee $ 405 receipt number ANCWDC-6423124), filed by USAA Casualty Insurance Company, Inc. of Texas. (Attachments: #1 Exhibit 1 State Court Documents, #2 Cover Sheet, # 3 attachment deleted, re-filed as document no. 3)(Malone, John) Modified #3 attachment text on 3/1/2024 (cly).

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Plaintiff: Michael McCullough
Represented By: Paul L. Erickson
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Plaintiff: Jean McCullough
Represented By: Paul L. Erickson
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Defendant: USAA Casualty Insurance Company, Inc. of Texas
Represented By: John I. Malone, Jr.
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